The Director of Public Prosecutions v Mountassir (Unapproved) [2025] IESC 53 (05 December 2025)

The Director of Public Prosecutions v Mountassir (Unapproved) [2025] IESC 53 (05 December 2025)

Section 40 of the Domestic Violence Act 2018 imposes a statutory obligation on sentencing courts to treat offences against intimate partners as aggravating factors and to impose a greater sentence unless exceptional circumstances are present. The sentencing judge must structure and explain the sentence to demonstrate compliance with section 40(2). The practice of taking other offences into consideration in sentencing is not supported by section 8 of the Criminal Justice Act 1951 in cases where the offences have been charged and convicted; such practice, if used, must be limited, transparent, and not applied to serious offences or those involving multiple victims.

Citation
[2025] IESC 53
Parties
Prosecutor/respondent: The People (Director of Public Prosecutions); Defendant/appellant: Soufiane Mountassir
Jurisdiction
Ireland
Judgment Date
05 December 2025
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; order of the Court of Appeal affirmed.
Legal Topics
Statutory Aggravating Factors, Domestic Violence, Sentencing Procedure, Taking Offences Into Consideration, Exceptional Circumstances in Sentencing
Criminal Law Sentencing Statutory Aggravating Factors Domestic Violence Sentencing Procedure Taking Offences Into Consideration Exceptional Circumstances in Sentencing

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Parties

The People (Director of Public Prosecutions)

Prosecutor/respondent

Soufiane Mountassir

Defendant/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Interpretation and application of section 40 of the Domestic Violence Act 2018 regarding statutory aggravating factors in sentencing for offences against intimate partners
  2. 2 Lawfulness and limits of taking other offences into consideration in sentencing, particularly where those offences have been charged and/or convicted

Ratio Decidendi

Section 40 of the Domestic Violence Act 2018 imposes a statutory obligation on sentencing courts to treat offences against intimate partners as aggravating factors and to impose a greater sentence unless exceptional circumstances are present. The sentencing judge must structure and explain the sentence to demonstrate compliance with section 40(2). The practice of taking other offences into consideration in sentencing is not supported by section 8 of the Criminal Justice Act 1951 in cases where the offences have been charged and convicted; such practice, if used, must be limited, transparent, and not applied to serious offences or those involving multiple victims.

Court Disposition

Appeal dismissed; order of the Court of Appeal affirmed.